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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 3215353Fort of Date: 01/14/2015 Vendor: 498349 BANNER CONCRETE 715 PETERSON ST FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 3215353 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/14/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2015 Concrete Repair 1 LOT LS Light & Power PER TERMS AND CONDITIONS OF BID 7658 THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 14,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 FOMrMX.a1710 1 NMI MriMT-KNI n Page 2 of 2 1. COMMERCIAL DUA1LS. Tax exemptions. By mote the City of Fort Collins s exempt fmm some and ]coal taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Comifcate of Registry 84-6000587 is registered with the Collator of Failure of the Purchmer to insist upon strict pert anme of the tents and conditions hereof, failure or delay in Internal Revenue, Da mer, Colorado Ref. Colorado Revised So arm 1973, Chapter 39-26.114 (a). exercise any rights or mnMies provided herein or by law, failurt to promptly notify the Sella is the event of a breech, the acceptance for payment for goods hereunder m approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure m or specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in transit, may be resumed to you for credit and are nor to be replaced except upon receipt of wrion purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed oral mash ficution or rescission of this purchase order by the Purchaser operate as a waiver of my of the terns Inspection. GOODS are subject to the City of Fos Collins inspection on anivel. here.!. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in Q. ASSIGNMENT OF ANTITRUST CLAIMS. animaa ll payment can the pan of the City of Fan Collins. However, it is m be undersond Oar FINAL Seller and the Purchaser recognise that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable acquired inspection procedures. vildwiam art in fact bone by the Purchmer. Themofare, for good came and so causidartim for executing this purchase order, the Seller hereby cosigns 10 the Purchaser any and all claims it may new have or hereafter Fmigla Terms. Shipments mast be F.O.B., City of For, Collins, JOB Wood SL, Fort Collins, CO 80522, unless acquired under fedoal or sore andtrmt laws for such m'etcharam rclming m the particular goods or services otherwise specified car Otis order. If permission is given to prepay freight and charge separately, the anginal freight purchased or acquired by the Purchaser pi rro sft to Otis purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipmrnl Distance. Where onanufbrawas have downtown points in vanom pans of the country, shipment is If the Purchaser directs the Seiler to correct nonconforming or defective goods by adoto to be agreed upon by the expected from the nearest distribution p0ral m destination, and excess freight will be deducted from Invoice when PurcMser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchmer shipments nee made fmm greater distance. may rouse the work to be performed by the most expedition means available to it, and the Seller shall pay al I costs associated with such work. Profits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, mgulawans, ardinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by my other duly constituted public authority having junwiterion over the work of vendor. Seller further agrees to hold the City of Fell Collin bare less from and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, roles and r wrements. Authorisation. All parties to this cantrall agree Oat the representatives are, in fact, bane fide and possess full and complete authority so bind said posies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptancr to the mots and conditions soled herein act fourth and any supplementary or additional terms and rain ilioa annexed bertm or imemPara ed herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby larded. 2. DF.I.IVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m move on your promised delivery date m noted, lime is of the essence Delivery and performance most be effected within the time s rated on the purchase order and the documents attached harem. No aces of the Purchaers including, without limitation, acceptance of partial lam deliveries. shall operate as a waiver of this provision. In the event of my delay, the Purchaser shall have, in addilim to wher legal not ryuitable remedies, the option of placing this order elsewhere and holding she Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes sat rearambly foreseeable which am beyond is ..Me cannot and without its fault of negligence, such ses of Gad, act of civil or military authorities, govemmrntal prionties, fires, strikes, flood aidern es, wars or hots provided Oat notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge therm[ In the event of my such delay, the doe of delivery shall he extended fat the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples anchor other dowriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a 'miler wore. The Sella agrees to hold the purchaser brands. from any loss, damage in expense which the Particular may suffer or incur on account ofthe Sellers breach of wasunty. The Seller shall replacer, repair, a make good, without cost to the northeast, any der cts or faults arising within one (1) year or within such longer period of time as may be prescribed by law err by the toms of any applicable womnty provided by the Seller after the dare of acceptance ofthe goods famished hrreunder (acceptance not to be unreasonably delayed), mulling from impart t or defective work done or materials f shed by the Seller. Acceptance or use of goods by the Purchaser shall not institute a waiver ofany claim under this wamaty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately roused by the breach of any of lice foregoing warrantia in guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the lama, other than legal arms, including additions to or deletion from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change aiRcts the amount due or the time of performance hereunder, an equitable adjasurcru shall be made. 6. TERMINATIONS. The Purchmer may many time by aromm change maker, reminste this agreement as m any a all patano of the good then not shipped subject many equitable adjustment between the parties as to any work or materials then in progress provided Nat the Purchaser shall net be liable for any claims far amicipmed profs on the uncompleted por,ion of the good and/m work, for incidental or consequential damega, and that no such adjustment be made in favor ofthe Seller with respect to any good which art the Sellers standard stock. No such nomination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fmm the door the change or termiaction is ordered. 8. COMPLIANCE WITH LAW. The Seller wanans that all goods sold hereunder shall have bcen produced, sold, delivered and famished in strict compliance with all applicable laws and mgulatiom to which the goods we subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncaryormad in agreements of this character art hereby incespea ted herein by Nis reference. The Seller agrees to indemnify mud hold the Purchmer harmless from all toss and damages tenurial by the Purchmer as a result of the Sellers failum to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other pony. I D. TITLE. The Seller warrants fill[, clew and committed tide m the Pmcbaser for all equipment, matmas, and items famished in performance of this agreement, free and clear of any and all Item, restrictions, nummamions, security lot., errcumbrences ass claims i fathers. The Seller shall release the Purchaser and its contractors of any tier Small all liability and claims of any nature mulling fmm the performance ofsuch work. This release shall apply even in the event of fault of negligence of to party releas i and shall extend to the direcros, oRcers and employees fsuch party. The Sellers commoual obligations, including wvmanty, shall not be deemed to be reduced, in any way, became such work is pert ed or caused an be Rafomed by the Purchaser. 14. PATENTS. Whenever the Seller is required to mr any design, device, material or purer. covered by lane, patent mademook err copyright, the Sella shall indemnify and save harmless the purchase, Bum any send all claims for infringement by reason of the use of such patented design, device, mammal a process in moration with Ne canoed, and Aal I indemnify the Purchaser far any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the innovation or after the completion of the work. In case said equipment, or any pan thereof or the intended am of the goods, is in such suit held to corobuile infdngement and the use of said equipment or pan is ajoinM, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially algal but .infringing rep ipment, ar modify it so it becoma mrdvfnnging. 15. INSOLVENCY. If the Seller shall become ircelval or bandanna, make an assigmnrnt for the benefit of eredimrs, appoint e receiver or notice for any of the Sellers property inbusiness, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms coed or Ne interpremtion ofthe agreement and the rights of all parties hereunder shall be con9med under and governed by the Iowa, of the Slate of Colorado, USA. The following Additional Conditions apply only in where the Seller is to perform work Forwarder,including the arm. afra Sellers Reprnmtive(s), no thecases premises ofwrws. 17. SELLERS RESPONSIBILITY. The Seller shall carry, on said walk or Shcros own rusk until the same is thlly completed and accepted, and shall, in case, of my accident, destruction or injury to the work anchor materials before Sellers f 1 completion and complaint, complete the work at Seller's own expense and or the satisfaction of the Purchaser. When =mom and equipment are fished by others for installation or erection by the Seller, the Seller shall receive, unload, sort rod handle same at the site and become raporaible therefor as though such will anchor equipment were being furnished by the Sells under the order. 18, INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefis, to its employees employed on Or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability inurame with buddy injury and death limits of at Icat S30o.Wo for any one person, ESOgono for any one accident and property damage limit per accident of S40g0011. The Seller shall likewise require his commemra if any, to provide for such compy ewers and itstaance. Before any of dre Sellers or his comradors employees shall do any walk upon the premium of others, the Sella shall famish the Purchaser with a renifimte that such compensation and insurance have been provided Such ccnificates shall specify the date when such compensation and insurance have been provided. Such certificates shall spcify the date when such compensation and insurance expires. The Seller agrees that such compensurm. and iusumace shall he wainained.61 after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the mine rtsfeasibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any r all of the Purchicas oRcers, agents and employees from and against any and all claims, losses, damages, charges or exposes, whether direct or tra irem, and whether to petsim or property to which the Purchaser may be put or subject by reawn of any act, action, neglect, omission or default on the part of the Seller, any of his mmmaon, or any of the Sellers or contrctors officers, agents err employees. In ram any suit or oNrn proceedings shall be brought against the Purchaser, or its officers, agents or employees at a, time on account or by moon or my act, anion, negler, omission or default of the Seller of any of his contractors or my of its or their oRcers, agents of employees as aforesaid, the Seller hereby agrees to assume the defense factory and to defend the same at the Sellers awn expense, to pay my and all suss, changes, attorneys fees and other expenses, any and all judgments that may be incumd by or obtained against the Purchuser or any of its or their oRcers, agents or employees in such allies or other procra ings, and in cons, judgment in other lien he placed upon or obtained against the proper' of the Purchase, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and dscharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necesary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Art of 1970 and all miss and regulation issued pursuant theme. Revised 072014